SCOTTISH JUSTICE PROCESS

INVESTIGATION SERVING END OF CRIME CASE MARKING COURT SENTENCING AND CHARGE SENTENCE SENTENCE

No further action (not enough No further Not Proven evidence) proceedings verdict

High Court Petition (in Preliminary Not Guilty No Court) Local Fiscal Not Guilty plea Hearing / First Jury Trial Solemn verdict No further supervision and Diet End of Procedure report to proceedings post-release consideration Crown sentence Crown Absolute (most of bail Counsel to Counsel Discharge common) recommend if advise local Guilty plea Guilty verdict Automatic case should Fiscal release at be prosecuted Supervision post- halfway stage Dealt with by and at what release Detecting level (Supervised End of Agency Not Guilty plea No further Release Orders / sentence accepted proceedings Admonished short-term sex No action Judge offender licences) Detected by considers other source S.76 Guilty sentence Plea (CJSW reports Short-term may be prison Compliance requested) sentence (less Release on with Home End of Reported to than 4 years/ Home Detention Detention sentence Guilty verdict 12months) Curfew, 2 weeks Curfew Detected by other agency – 6 months prior the Police e.g. Children’s Reporter to Expected Date Non-compliance Sentencing of Liberation Recall to Not Guilty with Home Not Guilty plea Trial Marked for prison Crime verdict Detention Curfew Investigation Crime cleared Reported to COPFS mark Court Crime recorded by No further by Police up by Police COPFS cases Sheriff Court Appeal Continuation of Committed Police proceedings Released on parole with submitted to Home Detention (alleged) No further Not Proven Parole granted certain Parole Board Curfew Reported to proceedings verdict conditions Police Recorded as Summary Recorded Complaint Long-term Incident Only Procedure Compliance Police prison Eligible for by the Police with post- End of Warning Not Guilty plea No further sentence parole at half (No Evidence accepted proceedings Automatic release at either 2/3 sentence sentence Justice of the (more than 4 way stage of a Crime) Appeal/Not stage (if sentenced before Feb. requirements Peace Court years) Parole Not reported / Paid/Hearing 2016) or 6 months before end rejected detected Police Requested/ Custodial of sentence (if sentenced after Not detected Non- Conditional Not Accepted Guilty plea sentence Feb. 2016) compliance Breach Offer of Fixed Recall to with post- submitted to Penalty prison sentence Parole Board COPFS Direct No early release requirements Fiscal Warning Measure if deemed threat Anti-Social Warning accepted to public Behaviour Hearing Requested Only Fixed Penalty CJSW can apply to have conditions removed after Fine (Unpaid Released on the individual has spent 10 Fixed penalty FISCAL DIRECT Life sentence ASB Fixed for Road Fixed penalty life licence years in the community. Penalty) Traffic accepted MEASURE There is no end to this Offences (inc. sentence. fixed penalty Order for No end to the points) Fine paid Lifelong sentence and Restriction no right of (OLR) appeal Accused may refuse Fiscal Fine the offer. If (£50, £75, challenged, PF will £100, £150, consider prosecution RLO £200, £250 or Community or alternative successfully £300) sentence measure Restriction of completed Liberty Order (RLO) Continuation Compensation RLO not of same order successfully Community completed completed Compensation Individual Sentence Order (max. doesn’t Breach comply with / submitted to £3000) Accused may refuse CPO complete Court the offer. If successfully sentence challenged, PF will completed consider prosecution Community Re-entry into the Criminal or alternative Payback CPO not Justice measure Order (CPO) successfully system completed Work completed DTTO Fiscal Work satisfactorily successfully Order (10-50 completed hours unpaid If the offer is rejected Drug Testing work) or not completed and Treatment satisfactorily, PF will DTTO not Order (DTTO) consider prosecution successfully or alternative completed measure Compensation Order successfully The accused can decide completed Compensation Case referred not to accept the referral Individual Order to CJSW to and the PF will consider Diversion from deemed Compensation assess prosecution or Prosecution suitable for Order not suitability for alternative measure Diversion successfully Diversion Diversion requirements completed not successfully Individual Fine completed Individual accepts offer successfully deemed of option of completed unsuitable for Diversion from Diversion Fine Diversion Prosecution requirements Fine not completed successfully completed

Deferred Sentence Deferred successfully completed Sentence

Deferred Sentence not successfully completed

Structured Deferred Sentence successfully Structured completed Deferred Sentence Structured Deferred Sentence not successfully completed

Sexual SOPO Offence successfully Prevention completed Order (SOPO) (Sheriff Court Only) SOPO not successfully completed FURTHER INFORMATION

Nine requirements are available as part of a Community Payback Order:

High Court  Unpaid work; Max. custodial sentence: No maximum  Supervision; Max. community sentence: Up to 3 years  Compensation; Max. fine: No maximum  Programmes;  Residence; Sheriff Court: Solemn Procedure  Conduct; Max. custodial sentence: Up to 5 years  Mental health treatment; Max. community sentence: Up to 3 years  Drugs treatment; Max. fine: No maximum  Alcohol treatment.

Sheriff Court: Summary Procedure Max. custodial sentence: Up to 12 months Max. community sentence: No maximum People will be required to disclose their previous convictions on Max. fine: Up to £10,000 some occasions (i.e. when applying for certain jobs) following the end of their sentence. The length of time that a conviction Court requires to be disclosed is called the ‘rehabilitation period’ and Max. custodial sentence: Up to 60 days depends on how long the sentence was that the person Max. community sentence: Some community sentences only received or what sort of sentence it was. After this, the Max. fine: Up to £2,500 conviction is ‘spent’ and does not need to be disclosed.

If a person was over 18 when found guilty in court: Prison sentence, 6 months or less: rehabilitation period = 2 years Prison sentence, 6 months – 30 months: rehabilitation period = Fixed penalty and compensation orders are not criminal 4 years convictions. However, they are recorded and can be disclosed Prison sentence, 30 months – 4 years: rehabilitation period = 7 to the court for a period of two years. years Prison sentence, more than 4 years: conviction is never spent Where a fixed penalty offer or compensation offer has not been Community order: rehabilitation period = 1 year rejected, the PF, if asked, may disclose this to any person whom Fine: rehabilitation period = 1 year KEY (s)he considers to have a legitimate interest in knowing the Absolute discharge: rehabilitation period = None Step in the justice process outcome of the case, for example, the victim or the media. If a person was under 18 when found guilty in court: Exit point from justice process, pre-sentence / measure Prison sentence, 6 months or less: rehabilitation period = 18 Fixed penalties are also offered as an alternative to prosecution months Exit point from justice process, post-sentence / measure for some less serious road traffic offences. In contrast to non Prison sentence, 6 months – 30 months: rehabilitation period = road traffic fixed penalty offers and compensation offers, road 2 years General stage of justice process traffic fixed penalties are only registered when they are actively Prison sentence, 30 months – 4 years: rehabilitation period = accepted by the accused. If the offer is accepted and payment 3.5 years Further information made, no prosecution is brought. If it is an endorsable offence Prison sentence, more than 4 years: conviction is never spent penalty points are also endorsed on the accused's driving Community order: rehabilitation period = 6 months Sentence does not end licence. Where the accused does not actively accept the fixed Fine: rehabilitation period = 1 year penalty, the can bring the case to court as a Absolute discharge: rehabilitation period = None normal prosecution.